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Trusts & Trustees Advance Access originally published online on March 9, 2009
Trusts & Trustees 2009 15(3):162-166; doi:10.1093/tandt/ttp006
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Post-nups upheld by the Privy Council

MacLeod v MacLeod [2008] UKPC 64

Edward Reed*

*Partner, Macfarlanes LLP, 20 Cursitor Street, London EC4A 1LT, UK. Tel: 020 7831 9222; Email: edward.reed{at}macfarlanes.com

This case considered the validity and effect of a post-nuptial agreement and highlights the distinctions between post-nups and pre-nups. The couple made three agreements, one pre-nuptial and two post-nuptial. The enforceability of the agreements, in particular the final one, was challenged during divorce proceedings with the court finding that the post-nuptial agreements were to be considered maintenance agreements, which would generally be enforceable though subject to variation on application. Although the existence of a pre-nuptial may be one of the factors to which judges may and increasingly do have regard, the English courts are still not obliged to uphold pre-nuptial agreements and any change in the law is likely to come via legislation rather than in the court.


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